Only 3% of the estimated 178,000 Zimbabweans living in SA under the special exemption permit had applied for alternative visas by September, home affairs minister Aaron Motsoaledi said on Tuesday.
But in a written reply to a question by DA MP Angel Khanyile, Motsoaledi said “more applications are streaming in on a daily basis”.
He confirmed that only a total of 1,195 Zimbabweans had applied for a critical skills visa, 19 for business, 62 for general work visas, 1,006 for relative visas, 443 for study visas, and 19 for retired visas.
“The information regarding applications that are successful and/or rejected cannot be disclosed at this stage due to the ongoing litigation,” Motsoaledi wrote.
“One of the disputes before court is on the potential success or otherwise of the application lodged by the affected Zimbabwean nationals.
“The department of home affairs has appointed a departmental advisory committee to advise on the visa applications. Furthermore, I have approved a significant number of waiver applications lodged by the affected Zimbabwean nationals,” he said.
The low percentage of applications, attributed to the “impossibly high” bar set for holders of the Zimbabwe exemption permit (ZEP), has significant negative implications for SA business, said Simba Chitando, a legal representative for Zimbabweans covered by the permit.
Several thousand employees who are holders of the ZEP will be illegal in SA and will be forced to leave, he said.
“The only ideal, practical and legal solution available to the government ... is to allow ZEP holders to apply for permanent residence in SA,” Chitando said.
He called the decision to end the special dispensation “microeconomic self-sabotage”.
“This will disrupt productivity across the country in a manner similar to Eskom blackouts,” Chitando said. “Landlords face mass deportations of tenants. Financial service providers will be hindered by defaults on products such as mortgages.”
Chitando said that many Zimbabweans were not applying because the visas and permits were too expensive and because many applications had been rejected.
He said he was not surprised that there were only 6,000 applications. The department had rejected all applications made at the beginning of the year and then withdrew these rejections, he said.
“The economy faces the loss of 178,000 customers, a number that can be tripled if one considers spouses and children who are not ZEP holders.
“This is a conundrum that threatens to break families apart, force children out of school during their formative years and create a human rights crisis.”
Chitando said there was a huge backlog in dealing with the applications — as is the case with all types of visas. “There is a complete breakdown. The department does not work.”
Motsoaledi gave notice at the end of last year that the special exemption permit introduced about 10 years ago would expire at the end of 2022. Then in September he extended the deadline for Zimbabweans to apply for other types of permits to end-June 2023.
He emphasised that there would be no further extensions for Zimbabweans to regularise their status in SA under the Immigration Act.
Challenge
His decision to terminate the permit is being challenged in court by the Helen Suzman Foundation on the grounds that there was no consultation and that the decision is irrational.
The foundation is seeking to have the decision declared unlawful, unconstitutional and invalid. Motsoaledi is opposing the application, which will be heard in April next year.
In another written reply last week, Motsoaledi said the department was dealing with 56,543 applications for all types of visas in November. Clearing the backlog was likely only by June 2024, he said.
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.